IPC BARE ACT SECTION 21

“Public servant”

 The words “public servant” denote a person falling under any of the
descriptions hereinafter following, namely:
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Second.Every Commissioned Officer in the Military, 6[Naval or Air] Forces 7[8*** of India];
9[Third.Every Judge including any person empowered by law to discharge, whether by himself or
as a member of any body of persons, any adjudicatory functions;]
Fourth.Every officer of a Court of Justice 10[(including a liquidator, receiver or commissioner)]
whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make,
authenticate, or keep any document, or to take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every
person specially authorised by a Court of Justice to perform any of such duties;
Fifth.Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public
servant; Sixth.Every arbitrator or other person to whom any cause or matter has been referred for decision
or report by any Court of Justice, or by any other competent public authority;
Seventh.Every person who holds any office by virtue of which he is empowered to place or keep
any person in confinement;
Eighth.Every officer of 1[the Government] whose duty it is, as such officer, to prevent offences, to
give information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
Ninth.Every officer whose duty it is as such officer, to take, receive, keep or expend any property
on behalf of 1[the Government], or to make any survey, assessment or contract on behalf of 1[the
Government], or to execute any revenue-process, or to investigate, or to report, on any matter affecting
the pecuniary interests of 1[the Government], or to make, authenticate or keep any document relating to
the pecuniary interests of 1[the Government], or to prevent the infraction of any law for the protection of
the pecuniary interests of 1[the Government] 2***;
Tenth.Every officer whose duty it is, as such officer, to take, receive, keep or expend any property,
to make any survey or assessment or to levy any rate or tax for any secular common purpose of any
village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights
of the people of any village, town or district;
3[Eleventh.Every person who holds any office in virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election or part of an election;]
4[Twelfth.Every person
(a) in the service or pay of the Government or remunerated by fees or commission for the
performance of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central,
Provincial or State Act or a Government company as defined in section 617 of the Companies
Act, 1956 (1 of 1956).]
Illustration
A Municipal Commissioner is a public servant.
Explanation 1.Persons falling under any of the above descriptions are public servants, whether
appointed by the Government or not.
Explanation 2.Wherever the words “public servant” occur, they shall be understood of every
person who is in actual possession of the situation of a public servant, whatever legal defect there may be
in his right to hold that situation.
3[Explanation 3.The word “election” denotes an election for the purpose of selecting members of
any legislative, municipal or other public authority, of whatever character, the method of selection to
which is by, or under, any law prescribed as by election.]
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B.COM, M.COM, B.ED, LLB (Gold Medalist Session 2019-20) वर्तमान में वह उत्तर प्रदेश के हाथरस जिले में एक विधिक सलाहकार के तौर पर कार्य कर रहे हैं।

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